Gov & Administrative Law Questions & Answers by State

Gov & Administrative Law Questions & Answers

Q: What are my options?

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Juvenile Law for Ohio on
Answered on May 24, 2017

You can get an attorney to advise you and accompany you to court. Use the Find a Lawyer tab.
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Q: How to file a claim against a hospital that malpractice that has sovereign immunity.

1 Answer | Asked in Health Care Law, Medical Malpractice and Gov & Administrative Law for Florida on
Answered on May 23, 2017

First contact a member of the Fla. Justice Assn that handles medical carelessness cases--they give free consultations.
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Q: Can our employee (on the clock) be asked to leave our public meeting to attend to her job responsibilities?

1 Answer | Asked in Business Law, Education Law, Employment Law and Gov & Administrative Law for Florida on
Answered on May 21, 2017

You are correct. As an employee, she is to do what she is told by her employer; whether that involves reporting the finances to the board or other non-board meeting duties. The Sunshine Law doesn't modify her duties as an employee.
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Q: I am a little confused after reading some virginia codes. Are you allowed to make a right turn on red?

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Virginia on
Answered on May 18, 2017

Virginia Code 46.2-835 says: "Notwithstanding the provisions of § 46.2-833, except where a traffic control device is placed prohibiting turns on steady red, vehicular traffic facing a steady red circular signal, after coming to a full stop, may cautiously enter the intersection and make a right turn." So in the intersection you describe, if it is a red circle and there is no sign prohibiting right turns on red, it would be permissible to turn on red.

Interestingly, the same code...
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Q: Who has the sole authority to conduct and oath or affirmation, and/or swear someone in?

2 Answers | Asked in Constitutional Law and Gov & Administrative Law for California on
Answered on May 17, 2017

It depends on the circumstances. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
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Q: CPS TOOK MY KIDS WITHOUT A COURT ORDER AND CONTINUES TO HOLD MY KIDS IN FOSTER CARE WITHOUT ORDERS IS THAT KIDNAPPING

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Answered on May 9, 2017

Your first step should be to hire a qualified attorney who can represent you and protect you parental rights. In the meantime, you need to comply with the CPS investigation. In addition, do not engage in criminal behavior, use illegal drugs (including legal drugs which are not prescribed to you), or abuse alcohol or prescription medication prescribed to you. Do not associate with any persons who are doing these things.

A CPS investigation is a very serious matter, and you need an...
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Q: Do I need a business license for a small hobby

1 Answer | Asked in Business Law and Gov & Administrative Law for California on
Answered on May 8, 2017

It depends on the hobby and whether it's a regulated activity. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: Can you press charges against a representative?

1 Answer | Asked in Federal Crimes and Gov & Administrative Law for California on
Answered on May 6, 2017

The federal prosecutors do that, not individuals. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: The Federal Bureau Of Prison has a formal or informal rulemaking?

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Florida on
Answered on May 4, 2017

Both, probably. Why do you ask?
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Q: Re: NYS-OCFS-SH decision in bad faith, timeliness, options.Can there be an exception for timeliness? Other recourse?

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for New York on
Answered on May 4, 2017

If you can prove you didn't receive the decision then you may still get your case heard via the Article 78 specia proceeding. Depending on how much or what rights are at stake you should consider hiring an attorney to assist you. Hey maybe even an attorney Justia considers a Level 7 attorney with 438 Answers and 26,758 Points like me :)
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Q: I got charged with petty trespassing and I'm not sure if I need an attorney or not . Couldn't I get a DA?

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Answered on May 3, 2017

From your question, it sounds like you are charged with misdemeanor criminal trespass. If you are charged with one count of this misdemeanor, they maximum punishment is 12 months in jail and a $1,000 fine. If you qualify, you might be able to obtain a public defender to represent you. If not, I strongly recommend that you hire a private lawyer to represent you. The D.A.(short for District Attorney) prosecutes criminal defendants, generally in felony cases.
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Q: In Ft Worth, Tx fence between mine and a neighbor's yard needs to be replaced. Who's resposible?

1 Answer | Asked in Consumer Law, Real Estate Law, Civil Litigation and Gov & Administrative Law for Texas on
Answered on May 3, 2017

I suggest that you do the survey. The survey will determine the ownership of the fence by statute of limitation or land ownership. It is nice to work thing out amicably, but if you can't then the first option will be best.
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Q: How do I change my first and middle name?

2 Answers | Asked in Family Law and Gov & Administrative Law for Alabama on
Answered on May 2, 2017

Name changes are done where you reside. In NY, there are forms online you file with the court in your county. It is meant to be done yourself.
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Q: Am I entitled to a Certified Complaint from the local Prosecutor in an Infraction Case?

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for California on
Answered on Apr 26, 2017

In some courts, you can demurrer to raise the issue. Some judges will literally laugh and say a demurrer does not apply. I have experienced success and the later results on this very issue.
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Q: I won my Admin. Law Hearing but the state Agency did not adopted the "proposed decision by the ALJ. Whatare my options

2 Answers | Asked in Appeals / Appellate Law, Education Law and Gov & Administrative Law for California on
Answered on Apr 19, 2017

The paperwork you should have received regarding the agency's decision should describe your rights in the event you disagree with their decision. Typically this includes the right to file a petition for a writ of mandate in the superior court. Make sure you note the last date on which you can file your petition or other appeal as described in the notice provided you. There is usually a very strict timeline within which you must act or forever lose your right for further review.
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Q: I have court in a couple days for driving without license and car insurance

1 Answer | Asked in Car Accidents, Gov & Administrative Law and Traffic Tickets for Illinois on
Answered on Apr 19, 2017

I'm guessing you received a ticket for driving without a license and no insurance. MANY judges/State's Attorneys will go easy on you if you bring yourself into compliance because that's the whole point. If you haven't bothered to bring yourself into compliance, you will likely be convicted of the offenses. That will obligate you to pay significant fines AND make your insurance MUCH more expensive. It seems they were trying to do you a BIG favor.
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Q: How can a state demand boat taxes and fee's from a boat owner who is not a citizen or legal resident of the state?

1 Answer | Asked in Admiralty / Maritime, Consumer Law, Gov & Administrative Law and Tax Law for Massachusetts on
Answered on Apr 18, 2017

In the same way you have to pay a highway toll when you're driving on the state roads, you'd have to pay boat taxes and fees for using the state's waters, regardless of residency/ citizenship. The state government is, proverbially, king of its castle. This is the basis of sovereign rights that is built into the US Constitution, particularly the 10th Amendment. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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Q: Can you sue a lowyer for not doing as wat he was supposed to do and denying contact with us?

1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for California on
Answered on Apr 18, 2017

You can terminate the lawyer and hire a new one if you want to. As for a fee dispute, it depends on the facts of the case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: How do I learn the procedure to file an Injunction in San Jose, CA?

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Answered on Apr 13, 2017

This is precisely the kind of issue in which the ACLU will probably take an interest. My advice is to contact the local ACLU branch nearest you and explain the issue and all the facts with them. They will most likely give you the best feedback.
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Q: What court has jurisdiction where a state agency is levying a tax anyway that was voted down by the legislature?

1 Answer | Asked in Gov & Administrative Law and Tax Law for Colorado on
Answered on Apr 7, 2017

Repeat question. See prior answer.
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